EXPLANATORY STATEMENT
Issued by the authority
of the Australian Fisheries Management Authority
Fisheries Management Act 1991
Southern Bluefin Tuna Fishery Management Plan 1995
Determination of the Australian National SBT Catch Allocation for 2008/2009
Paragraphs 17(6)(a) and 17(6)(aa) of the Fisheries Management Act 1991 (the Act) provide that a plan of management for a fishery may, among other things:
- determine the method or methods by which the fishing capacity of the fishery is to be measured, including by reference to, among other things, a quantity of fish and a particular period of fishing; and
- provide for the Australian Fisheries Management Authority (AFMA) to determine the fishing capacity in respect of a particular period or periods.
The Southern Bluefin Tuna Fishery Management Plan 1995 (the Plan) implements as domestic law a management framework for the Australian Southern Bluefin Tuna (SBT) Fishery. The Plan also gives effect to Australia's obligations under the Convention for the Conservation of Southern Bluefin Tuna (the Convention). The Plan also provides for the grant of statutory fishing rights (SFRs) as the vehicle for access to the Southern Bluefin Tuna Fishery (the fishery). Under the Plan, each SFR allows its holder to take an equal portion of Australia’s national catch allocation of Southern Bluefin Tuna in a season.
Clause 17 of the Plan provides for AFMA to determine the Australian national catch allocation of SBT for seasons in the fishery:
- Subclause 17(2) restricts the Australian national catch allocation for a season to be not more than the quantity of SBT allocated to Australia for the season by the Commission for the Conservation of Southern Bluefin Tuna (CCSBT).
Clause 18 of the Plan provides, among other things, for:
- public notification of the national catch allocation for a season; and
- from that allocation, the calculation of an actual live weight value of SFRs for the season. The live weight value of an SFR is the weight of SBT that can be taken under authority of the SFR during the season.
AFMA must calculate the live weight value for the season not later than 30 days before the commencement of the season.
Seasons in the fishery are defined in the Fisheries Management (Southern Bluefin Tuna Fishery) Regulations 1995 (the Regulations). The 2008/2009 season is defined under the Regulations to commence at the beginning of 1 December 2008 and end on 30 November 2009.
At the thirteenth meeting of CCSBT in October 2006 held in Miyazaki, Japan CCSBT agreed on a global total allowable catch (TAC) for SBT for three years. CCSBT confirmed this decision at their 15th meeting in October 2008. The TAC set by CCSBT for the species worldwide is 11,810 tonnes. Australia received a National Allocation of 5,265 tonnes. In considering outcomes and latest scientific advice from CCSBT and other relevant information, AFMA agreed on 27-28 October 2008 to determine a national catch allocation of 5,265,000 kilograms for the 2008/2009 season (the determination). The determination commenced the day after its registration in the Federal Register of Legislative Instruments.
The Fishery
SBT is a highly migratory species and is widely distributed throughout waters of the southern oceans, including the Australian fishing zone. The Australian SBT Fishery encompasses SBT fishing operations inside the Australian Fishing Zone (AFZ) (ie 200 nautical miles around Australia) and on the high seas. Aside from New South Wales, under an Offshore Constitutional Settlement (OCS) agreement between the Commonwealth and the States/Territories, management of the SBT fishery to the area of low water mark is the responsibility of the Commonwealth through AFMA. In New South Wales, the State Government has banned the take of SBT inside three nautical miles. The current ban is effective until 2010.
SBT is primarily managed using SFRs that allow holders to fish for SBT within the AFZ and the high seas. In Australia the key areas where SBT is caught are the Great Australian Bight and to a lesser extent the west and east coasts of Australia.
Internationally, SBT is fished throughout its range by 20 nations although Japan, Australia, New Zealand, Taiwan, Korea, Philippines, South Africa and Indonesia account for the majority of catches. The SBT stock is considered to be overfished, spawning stock severely depleted and the current global total allowable catch provides a 50:50 probability of rebuilding or decline.
Consultation
Prior to determining the national catch allocation for SBT in 2008/2009 AFMA has consulted with:
- The Fisheries and Aquaculture Branch of the Australian Government Department of Agriculture, Fisheries and Forestry (DAFF) which is responsible for the international aspects of the fishery's management; and
- The Southern Bluefin Tuna Management Advisory Committee (SBTMAC), which is established under the Fisheries Administration Act 1991 as the principal forum in which issues relating to the management of the domestic SBT Fishery are discussed.
AFMA took in account the outcome from this consultation when determining the Australian National allocation of SBT in 2008/09.
Regulation Impact Statement
The Office for Regulation Review (ORR) advised AFMA that a Regulation Impact Statement was not required for the Determination of the Provisional National Catch Allocation for the 2008/2009 season (ORR ID 9898).
Overview
The Fisheries Management Act 1991, enacted by the Australian Parliament, provides a framework for the management of fisheries within Australia's jurisdiction. This legislation, along with the Southern Bluefin Tuna Fishery Management Plan 1995, addresses the need for effective management of the Southern Bluefin Tuna (SBT) fishery, particularly in response to concerns over the sustainability of SBT stocks. The primary objective of this legislation is to ensure the responsible and sustainable management of SBT, both within Australia's fishing zone and on the high seas, in line with international obligations under the Convention for the Conservation of Southern Bluefin Tuna. The Australian Fisheries Management Authority (AFMA), established under this Act, is tasked with determining the national catch allocation for SBT, reflecting the scientific advice and international agreements on allowable catches.
The determination of the Australian National SBT Catch Allocation for 2008/2009 by AFMA was made following consultations with relevant stakeholders, including the Department of Agriculture, Fisheries and Forestry and the Southern Bluefin Tuna Management Advisory Committee. AFMA's decision to set the national catch allocation at 5,265,000 kilograms was based on the total allowable catch allocated to Australia by the Commission for the Conservation of Southern Bluefin Tuna, considering the depleted state of the SBT stock and the need for sustainable fishing practices. This determination is aimed at balancing conservation needs with the economic interests of the fishing industry, ensuring the long-term viability of the SBT fishery.
Scope and Application
The Fisheries Management Act 1991 governs the management of fisheries in Australia, with the Southern Bluefin Tuna Fishery Management Plan 1995 providing specific regulations for the management of the Southern Bluefin Tuna (SBT) fishery. This plan implements the framework for the fishery, including the method of measuring fishing capacity and determining the Australian national catch allocation of SBT, in line with Australia's obligations under the Convention for the Conservation of Southern Bluefin Tuna. The Australian Fisheries Management Authority (AFMA) is responsible for determining the national catch allocation, which must not exceed the quantity allocated by the Commission for the Conservation of Southern Bluefin Tuna (CCSBT). The 2008/2009 season's allocation was set at 5,265,000 kilograms, following consultation with relevant stakeholders. The Act applies to all entities involved in the SBT fishery within the Australian Fishing Zone and on the high seas, except for New South Wales where the State Government has banned the take of SBT within three nautical miles until 2010. The application of the Act is further extended or restricted through subordinate instruments such as the Fisheries Management (Southern Bluefin Tuna Fishery) Regulations 1995.
Key Provisions
The Southern Bluefin Tuna Fishery Management Plan 1995 (the Plan) provides a framework for managing the Australian Southern Bluefin Tuna (SBT) Fishery. It implements Australia's obligations under the Convention for the Conservation of Southern Bluefin Tuna (the Convention) and provides for the grant of statutory fishing rights (SFRs) as the vehicle for access to the fishery (s 17(6)(a) and 17(6)(aa), Fisheries Management Act 1991). Under the Plan, each SFR allows its holder to take an equal portion of Australia’s national catch allocation of Southern Bluefin Tuna in a season (s 18, Southern Bluefin Tuna Fishery Management Plan 1995). The Australian Fisheries Management Authority (AFMA) is tasked with determining the Australian national catch allocation of SBT for each season. The Plan stipulates that the Australian national catch allocation for a season must not exceed the quantity of SBT allocated to Australia for the season by the Commission for the Conservation of Southern Bluefin Tuna (CCSBT) (s 17(2), Southern Bluefin Tuna Fishery Management Plan 1995). For the 2008/2009 season, AFMA determined a national catch allocation of 5,265,000 kilograms based on the CCSBT allocation of 5,265 tonnes and the latest scientific advice. The determination was registered in the Federal Register of Legislative Instruments and commenced the day after its registration.
AFMA is required to publicly notify the national catch allocation for a season and calculate the actual live weight value of SFRs for the season not later than 30 days before the commencement of the season. The live weight value of an SFR is the weight of SBT that can be taken under authority of the SFR during the season. AFMA must also consult with relevant stakeholders, including the Fisheries and Aquaculture Branch of the Australian Government Department of Agriculture, Fisheries and Forestry (DAFF) and the Southern Bluefin Tuna Management Advisory Committee (SBTMAC), when determining the national catch allocation. AFMA took into account the outcome of this consultation when determining the Australian National allocation of SBT in 2008/09.
Breach of the provisions of the Southern Bluefin Tuna Fishery Management Plan 1995 may result in civil or criminal consequences. The maximum penalty for a civil penalty offence under the Fisheries Management Act 1991 is $22,200 for an individual and $111,000 for a body corporate. The maximum penalty for a criminal offence is a fine of $121,500 for an individual and $607,500 for a body corporate. Additionally, AFMA may suspend or cancel a statutory fishing right if it is satisfied that the holder has contravened the provisions of the Plan. The Southern Bluefin Tuna Fishery Management Plan 1995 aims to conserve and manage the Australian SBT Fishery in a sustainable manner, while also providing for the economic and social benefits of the fishery to be shared among stakeholders.